1 Apr 2015
Applications were dismissed because they depended on numerous unresolved factual disputes, credibility issues and contested settlement principles that materially affect legal rights; the accounts were not settled and declarations or liability findings would be premature without a full trial.
12 Dec 2008
The Court upheld the arbitrator: clause 10(b) requires an 'existing partner' both to have been a partner at entry and to be a partner when the goodwill instalment is due/received; clause 11(f)(iii) requires the retiring partner to remain beyond 1 April 2004 (i.e. until 2 April 2004) to be immune from refund; no binding consultancy contract arose because essential terms were unresolved and no authority was vested to bind the partnership; appeal confined to pure questions of law on unchallenged facts, so arbitrator's factual findings stand.